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With an effective date of February 17, 2024, the Digital Services Act (“DSA”) will start applying to most online platform providers in less than a year. The DSA, which introduces due diligence and transparency obligations regarding algorithmic decision-making by online platforms, such as social media, video sharing or e-commerce, entered into force on November 16,…

On February 28, 2023, the European Data Protection Board (“EDPB”) issued its opinion on the draft adequacy decision of the European Commission (the “Commission”) on the new EU-US Data Privacy Framework (“DPF”). The EDPB expressed reservations in connection with the DPF, which will now undergo scrutiny by other European institutions.

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On 13 December 2022, the European Commission published its draft adequacy decision for EU-U.S. data transfers. The draft decision follows the EU-U.S. announcement of an agreement on a new EU-U.S. Data Privacy Framework (“DPF”) in March 2022 as well as the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (“Executive Order”) signed…

Companies that rely on standard contractual clauses (“SCCs”) for transferring personal data from the European Economic Area (“EEA”) to jurisdictions not considered to offer an adequate level of data protection under the EU General Data Protection Regulation must ensure that none of their existing contracts use the old SCCs after 27 December 2022.

Businesses are…

The European Commission’s proposal to establish a European Health Data Space (“EHDS”) aims to improve access by individuals to their health data (primary use) and facilitate the re-use of health data for societal good across the European Union (secondary use).

While the draft EHDS regulation might easily get lost in an alphabet of…

On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,1 which is intended to implement U.S. commitments under the Trans-Atlantic Data Privacy Framework (DPF) announced in March 2022. With the new executive order, the Biden administration aims to strengthen the legal foundation for trans-Atlantic…

The European Council and European Parliament recently reached a provisional agreement on the text for the EU’s proposed Directive on minimum cybersecurity standards to be implemented across the EU (NIS2). The text is expected to be formally adopted in the coming months. NIS2 seeks to replace and strengthen the EU’s current Network and Information Society…

The UK Government has published its response to the consultation on its proposed reform of the UK’s data protection regime (which we have provided further information on in our previous legal update available here.) Whilst the UK Government has proposed several incremental reforms to the UK’s data protection laws that will diverge from the…

On 25 May 2022, the European Commission published Questions and Answers for the New  Standard Contractual Clauses to provide practical guidance on the use of standard contractual clauses (SCCs) and help organisations with their General Data Protection Regulation (GDPR) compliance efforts. The Commission confirmed that the Q&A document will be regularly updated.

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On March 25, 2022, the United States and the European Union jointly announced an “agreement in principle” to a new trans-Atlantic data privacy framework to facilitate the cross-border transfer of personal data (the “Framework”).1 As part of the Framework, the US has made “unprecedented commitments” related to intelligence collection and surveillance practices.2 The…